Do you know your Right of Entry rights and obligations?
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Under the Fair Work Act 2009 (Cth) (FW Act) and the Work Health and Safety Act 2011 (ACT) (‘WHS Act’), an entry permit holder can attend your site to have discussions with your workers and/or to investigate suspected contraventions of the respective legislation.
For right of entry to be properly exercised, an entry permit holder must give certain notices with specified timeframes and do certain things, such as showing their entry permits.
However the Closing Loopholes reforms have introduced several significant changes to the right of entry framework employers need to be aware of. These include:
- Exemption certificates may be obtained in certain circumstances from 1 July 2024 which removes the requirement to provide 24 hours’ notice.
- Removal of the requirement for a union official to hold a federal permit when being invited by a health and safety representative to assist.
The occupier of a site also has obligations to comply with the requirements under the respective legislation when dealing with an entry permit holder and must ensure that it is aware of any changes to the right of entry framework.
The MBA ACT Workplace Relations and Legal Team can provide you and your employees with an overview of your obligations including the relevant changes brought about by the Closing Loopholes reforms.
For more information about your rights and obligations relating to Right of Entry, reach out to the Workplace Relations and Legal team on 02 6175 5900.
